The administrative agon: A democratic theory for a conflictual regulatory state
DE Walters - Yale LJ, 2022 - HeinOnline
A perennial challenge for the administrative state is to answer the" democracy question":
how can the bureaucracy be squared with the idea of self-government of, by, and for a …
how can the bureaucracy be squared with the idea of self-government of, by, and for a …
[图书][B] Administrative Law and Regulatory Policy: Problems, Text, and Cases [Connected eBook with Study Center]
SG Breyer, RB Stewart, CR Sunstein, A Vermeule… - 2022 - books.google.com
Buy a new version of this textbook and receive access to the Connected eBook with Study
Center on CasebookConnect, including: lifetime access to the online ebook with highlight …
Center on CasebookConnect, including: lifetime access to the online ebook with highlight …
Structural biases in structural constitutional law
JS Gould, DE Pozen - NYUL Rev., 2022 - HeinOnline
Perhaps the most basic task of a constitution is to supply the rules of" the political game." 1
Constitutions establish frameworks within which public power is allocated, government …
Constitutions establish frameworks within which public power is allocated, government …
Derailing the Deference Lockstep
A Saiger - BUL Rev., 2022 - HeinOnline
Key voices, most prominently that of Justice Neil Gorsuch, have embraced the position that
the Chevron doctrine, under which federal courts defer to an agency's reasonable …
the Chevron doctrine, under which federal courts defer to an agency's reasonable …
The APA as a Super-Statute: Deep Compromise and Judicial Review of Notice-and-Comment Rulemaking
WN Eskridge Jr, J Ferejohn - Notre Dame L. Rev., 2022 - HeinOnline
THE APA AS A SUPER-STATUTE: DEEP COMPROMISE AND JUDICIAL REVIEW OF
NOTICE-AND-COMMENT RULEMAKING Page 1 THE APA AS A SUPER-STATUTE: DEEP …
NOTICE-AND-COMMENT RULEMAKING Page 1 THE APA AS A SUPER-STATUTE: DEEP …
Legitimizing Agencies
BD Feinstein - U. Chi. L. Rev., 2024 - HeinOnline
technocrats from political influence, involve interested members of the public, and subject
agencies to greater political contro Page 1 The project of bolstering the administrative state's …
agencies to greater political contro Page 1 The project of bolstering the administrative state's …
Populist Constitutionalism
A Bernstein, G Staszewski - NCL Rev., 2022 - HeinOnline
" Who decides?" 1 So Justice Neil Gorsuch asked as the pandemic-era Supreme Court
enjoined a regulation requiring employee COVID-19 vaccination or testing. 2 His concurring …
enjoined a regulation requiring employee COVID-19 vaccination or testing. 2 His concurring …
Nondelegation and Judicial Aggrandizement
AC Sumrall - Elon L. Rev., 2023 - HeinOnline
Opponents of the administrative state hope that a more robust nondelegation doctrine will
rein in a runaway bureaucracy. What does that mean for the courts? Rather than prioritizing …
rein in a runaway bureaucracy. What does that mean for the courts? Rather than prioritizing …
Regulatory Oscillation
JS Masur - Yale J. on Reg., 2022 - HeinOnline
For the three decades following Ronald Reagan's presidency, regulation progressed along
an essentially continuous upward trend.'From 1989 through 2016, across the presidencies …
an essentially continuous upward trend.'From 1989 through 2016, across the presidencies …
Four Futures of Chevron Deference
DE Walters - Geo. Mason L. Rev., 2024 - HeinOnline
In two upcoming cases, the Supreme Court will consider whether to overturn the Chevron
doctrine, which, since 1984, has required courts to defer to reasonable agency …
doctrine, which, since 1984, has required courts to defer to reasonable agency …